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Home My WebLink Aboutresolution.council.050-06 RESOLUTION NO. 5Z) (Series of 2006) WHEREAS, the CITY OF ASPEN and BAR/X RANCH, LLC have executed the Restated and Amended Water Service Agreement dated October 22, 2003 ("Agreement"); and WHEREAS, paragraph 32 of the Agreement provides that no party can assign said Agreement without the other party's written consent; and WHEREAS, Bar/X Ranch, LLC seeks to assign said Agreement to Two Stage Road, LLC who is under contract to purchase the property encumbered by said Agreement; and WHEREAS, the City of Aspen has reviewed Bar/X Ranch, LLC's proposed Assignment to Two Stage Road, LLC and consents to the Assignment by executing a Consent to Assignment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City of Aspen hereby authorizes the execution of the Consent to Assignment attached hereto as Exhibit "1" and consents to the Assignment attached to the Consent to Assignment as Exhibit "A." RESOLVED, APPROVED AND ADOPTED this ot~ by the City of Aspen, Colorado. dayof}" .u2 ,2006, I, ~V'\ <S ~ , duly appointed and acting as City Clerk, certifY that the foregoing' s a true and accurate COy that resolul1on adopted by the City CounCil of the City of Aspen, Colorado, at a meeting held "4UZ c9& , 2006. ~~~,j~ W:\Zofine -x\J02 FlDocumentslAspen Resolution re Consent to Assignment.doc "<"",,," CONSENT TO ASSIGNMENT CITY OF ASPEN, a Colorado home rule municipal corporation, ("Aspen") and BARIX RANCH, LLC, a Colorado limited liability company, ("Bar/X") wish to set forth Aspen's consent and agreement to the assignment of certain agreements to Two Stage Road, LLC as follows: Aspen hereby consents to the Assignment attached hereto as Exhibit "A" and incorporated herein by this reference. In consideration of the foregoing and the mutual covenan~fthe pa~spen executes this Consent to Assignment as set forth herein this .-L day of y , 2006. CITY OF ASPEN ~ ,as~.~ce..- oflhe City of Aspen. ATTEST: By: ~ \ ,as &r~ of the City of Aspen. STATEOFCOLORADO ) ) COUNTY OF PITKIN ) g The foregoing inr~ent was acknowled ed --=/~06, by l--E\..(2-fI\ ~) y '(ioJ.. , as Colorado. "..?~~.~~9o Witness my hand and offici . "0' A r;'../::;~I. ~~~": !>:.~V~ 'c . . N_P"blk W:\Zolinc -~\l02 FlDocumems\AspenCOI1.'leJ11 toAlS~l^' "-7-'0 E.-~x' II '0('1"1(',' " .",_1 H1~IU t.l Ii;;! ;:). ,,-Jl<.-\!(,~ before me this L, (L,. day of as Ole..-, and , for the City of Aspen, My commission expires EXHIBIT I 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Holland & Hart LLP 600 E. Main Street Suite 104 Aspen, CO 81611 Attn: Thomas J. Todd, Esq. SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSIGNMENT THIS ASSIGNMENT made this ISr~ day of June, 2006, between BARIX RANCH, LLC, a Colorado limited liability company, JOSEPH T. ZOLINE ADMINISTRATIVE TRUST, PATRICIA ZOLINE GST EXEMPT TRUST, PAMELA LIFTON-ZOLINE GST EXEMPT TRUST, and THOMAS A. ZOLINE, an individual, whose street address is c/o Gumbiner Savett Inc., 1723 Cloverfield Blvd., Santa Monica, CA 90404, Attn: Gary Finkel ("Assignors") and TWO STAGE ROAD, LLC, a Delaware limited liability company, whose address is 532 E. Hopkins Avenue, Aspen, CO 81611 ("Assignee"): WITNESS, that Assignors for and in consideration ,of TEN DOLLARS and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, grant, assign and confirm unto Assignee, and do hereby assign all right, title and interest which Assignors now have in and to the following personal property: I. 482.2 shares of 534.0 shares in the Willow Creek Ditch and Herrick Ditch Company, represented in part by Stock Certificate No.3; 2. Exempt Well Permit No. 231017 issued on January 11, 2001 for fire protection, ordinary household purposes inside not more than 3 single family dwellings, irrigation of not more than 1 acre of home gardens and lawns and watering domestic animals; 3. Fourth Amended and Restated Pre-Annexation Agreement between the City of Aspen and Bar/X Ranch, LLC dated December 6, 2004; 4. Restated and Amended Water Service Agreement between the City of Aspen and BarlX Ranch, LLC dated October 22,2003; and 5. Settlement Agreement between Pearce Equities Group II, LLC and Joseph ZoIine dated March 25, 1999 and recorded at the Pitkin County Clerk and Recorder at Reception No. 429230 on March 26, 1999. i I 689021.2 I EXHIBIT A ","".,<" Assignors make such Assignment to the Assignee without any representations or warranties of any kind. This Assignment represents the entire agreement and understandings between the parties and shall only be amended or modified by written agreement between the parties. TO HAVE AND TO HOLD the said personal property above assigned along with the appurtenances thereto belonging, unto the Assignee, its successors and assigns forever. IN WITNESS WHEREOF, the Assignors have executed this Assignment on the date set forth above. ASSIGNORS: BAR/X RANCH, LLC, a Colorado limited liability company By: Joseph T. Zoline Administrative Trust, Manager cD PATRICIA ZOLlNE GST EXEMPT TRUST ~~~~el.~ kO Title: Trustee By: /~ 1- Name: Gary Finkel Title: Trustee JOSEPH T. ZOLlNE ADMINISTRATIVE TRUST By:/ -, ~-LO Name: Gary Finkel Title: Trustee PAMELALIFTON-ZOLlNE GST EXEMPT TRUST , L-D By: .A",---- "'l- Name: Gary F~el Title: Trustee t-S9021.1 2 ! i ! i I I """".", STATE OF Ca.ld'()V>11 ~ ) L ) ss. COUNTY OF OS fi.'jtltr ) The foregoing instrument was acknowledged before me this B- day of June, 2006, by Gary Finkel, as Trustee' of Joseph T. Zoline Administrative Trust, Manager of Bar/X Ranch, LLC, a Colorado limited liability company. Witness my hand and official seal. -J'u k( My commission expires: STATE OF c..a.11~1V"(~ ) I ~ /,)ss. COUNTY OF L-o" q./.u.)) Ii L-6DX . ~~. ~----~;"-Lt;;';';'" - - r NotarYP~I:; -~~.. Commluion#15OO10J r ~ ...-_~ Notarv PublIc . Call1omkJ j J Lao Angeles County [ J _ _ _ ~:o:m:..Ex~e~~17.:.2~1 The foregoing instrument was acknowledged before me this I ~ by Gary Finkel, as Trustee of Patricia Zoline GST Exempt Trust. Witness my hand and official seal. My commission expires: STATEOF~ ) I ~)ss. COUNTY OF ..6S S) day of June, 2006, -:J v0.r 2-vofS /7 ~ -- NOtaryPubliC~ ANALEnclAllAAN J _ Comm_n# 1500103 ~ ...~.~.~ Notary Publk: . CoBfomio j ~ 7 Los Angeles Counly ( _ _ _ ~:~m~~~J~17.:.2~ The foregoing instrument was acknowledged before me this I)... day of June. 2006, by Gary Finkel, as Trustee of Joseph T. Zoline Administrative Trust. My commission expires: Witness my hand and official seal. --SJ'-( . f>lI90272 ''1 2..o0g- ~if3~ Notary Public 3 STATE OF cdr ~ lI'lI ~ ) / _ fl I..l ss. COUNTY OF L-G ~ [1rL~Uj') ../ The foregoing instrument was acknowledged before me this (2. day of June, 2006, by Gary Finkel, as Trustee of Pamela Lit'ton-Zoline GST Exempt Trust. Witness my hand and official seat. My commission expires: Jv~ /7 2.ex)~ ~~ No"", Nilio 1 @- - ;;....10:,;;.- - r , . ,.~... Commlsslon # 1500103 r i . "., ,'- Notary Pubfic . Callrom/O ~ J . , lo$ Angeles Counly ( l _ _ _ ~:~m:.~~~17.:2~[ STATEOF (ia!rtc-Y/1/"") I ~ L )ss. COUNTY OF U> ') cJJ.J ) The foregoing instrument was acknowledged before me this by Thomas A. Zoline. 12.. day of June, 2006, Witness my hand :md official seal. My commission expires: J U['1 f7 L.elz>8-' ~~ Notary Public l@&----;N.tlET;-CtAemt-r ] .-'. Commission # 1500103 r i .(... No~~ry=~:,*, l J _ _ _ ~~m.ExpIre~J~17:2~t 6t(I){P~.~ 4 By signing below, TWO STAGE ROAD, LLC is confirming that it accepts this Assignment as of this ..l:Lday of June, 2006. ASSIGNEE: TWO STAGE ROAD, LLC, a Delaware limited liability company By: Austin Lawrence Partners, LLC, a Colorado limited liability company, Manager r .' STATEOF CO (0 (",cCo COUNTY OF ::P I t 1<...,.:.. ) ) ss: ) '- The foregoing instrument was acknowledged before me this dday of June, 2006, by Gregory Hills as the Manager of Austin Lawrence Partners, LLC, a Colorado limited liability company, as Manager of Two Stage Road, LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: II / I {D7 . C /" tJdJ~UP Notary Public -...>,-\';:~"..'-"'.\- _::_"1'.)\ "c:!\ fJ" ..<,,~..' '~G"I>::-"""'~"'; .,!~'\ (. ;Ceo,a .AD~',.,/', ,'."{<;,;' .........."0 \ . f; ~ I( ~ 0 'f , ~ . , ~. ~ ; ;'. (\'b" (.:\, . Cf/",!>o 0-; -.. '... <'>"c~' /,'::,:;r, 'cP <:~J, .\../~ O~o"o 0';'0" ...-~";;/_' X:-~: Or: co":...u.....:-" : ~:...:.~ l'i)C.. .' '") 63W!1.l 5